Conceptual and Factual Background
An efficient justice system is what allows citizens and businesses to trust in the functioning of a State and its institutions. And it is this trust that allows for growth and investment.
For us it is a legal requirement and religious imperative to be in the service of mankind because such is the teaching and philosophy of Islam. Our survival as a nation can be possible only with the establishment of a system where only merit is the rule and which will ensure fair, efficient and speedy administration of vertical, horizontal and all embracing justice; as would annihilate, tyranny, oppression and victimization. This can be achieved only with the improvement of judicial system and the quality of justice. In this backdrop, the role of a judge is undeniably fundamental and an indispensable factor, for we must have professionally sound judges to administer qualitative, fair and speedy justice. Continuing judicial education has to be regarded as an accepted part of judicial functions, for growth of the mental qualities of the judges is necessary for sustenance of judicial independence.
In the context of these considerations of vital importance, nothing can be more in place for an introduction to the Federal Judicial Academy and the aims and objects of its establishment, than a reference to the Quranic verses on the role and significance of justice for the creation of a civilized society. In verse number 135 of Surah An-Nisa it is ordained: "O believers stand firm for justice while giving witness for Allah, even though it may be against your own selves or your parents or your kins". In verse number 8 of Surah Al-Ma'idah Allah Almighty says, "always do justice as it is nearest to piety". Then, reliance may also be placed upon verse number 90 of Surah Nahal which enjoins: "Surely, Allah enjoins justice and kindness".
It may be noted that in verse number 135 of Surah An-Nisa, it has not been taken as sufficient only to say that adopt the path of justice, but it was ordained that we should be the flag bearers of justice. We are under a religious obligation, not only to do justice ourselves but also to exhort others to promote the cause of justice. As Muslims, we are duty bound to constitute the kind of support which is required for the establishment of an efficient and equitable system of justice.
The Preamble and Article 2A of the Constitution of the Islamic Republic of Pakistan also underscore the establishment of an order wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed and the independence of judiciary shall be fully secured.
In human resource development, the need, utility and significance of training for improving efficiency and performance can hardly be over-emphasized. There is a dire need to develop, "a distinctive model of judicial education which is designed to address the specific learning requirements of judges". The tradition of on the job learning has indisputably been slow and cumbersome and we urgently do require institutionalization of the training and continuing education of the judges. Training Academies and Institutions had been set up for different services, but unfortunately no such arrangements had been made for the judiciary.
It was in this conceptual background that the First Law Reforms Commission (1958-59) recommended that the Civil Judges "should receive an intensive practical training in the functions of a subordinate Judge for an adequate period of (one or two years) before they are allowed to work independently," and that during the period of probation "they should be made familiar with the working of various departments of Government, including the Police Department, and that they should be confirmed when they have passed a departmental examination".
The Second Law Reforms Commission (1967-1970) of Pakistan also, inter-alia, made the following recommendations on the subject:
(i) "A Judicial Service Academy be set up to impart training to serving and newly recruited judicial officers in substantive and procedural law, the art of judgment writing, the appreciation of case law, the interpretation of Statutes and in the general techniques of planning and organizing judicial work efficiently and with the least inconvenience to the litigant public."
(ii) "The Academy should cater for both the Magistrates and the Civil Judges."
(iii) "The judicial officers should also be instructed in general subjects connected with police and revenue administration and imparted knowledge about the development activities in the country."
(iv) "Judicial Officers with less than ten years service should also be selected by rotation for a short intensive course of training of at least three months duration at the Academy."
(v) "The Academy should also arrange seminars and Discussion Groups for judicial officers and members of the Bar to devise ways and means for improving the work of courts and the quality of judicial work."
"The Academy, should in course of time initiate comparative studies in judicial procedure and techniques employed by other countries to expedite the disposal of court cases."
In consequence of these recommendations and further deliberations, the Federal Judicial Academy was established in 1988 under a Resolution of the Government of Pakistan. It was accommodated at different places from time to time till the present regular campus was built in 1993 by the Government of Pakistan. Later, a legal cover to the organization and functioning of Academy was provided with the enforcement of Federal Judicial Academy Act, 1997.